Clarence Nyaga Mbuih v Frankline Kinyua [2017] KEELC 990 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT  AT CHUKA

CHUKA ELC CASE NO  158    OF 2017

FORMERLY MERU ELC CASE NO.  16 B             OF       2012

CLARENCE NYAGA MBUIH……………………...PLAINTIFF

VERSUS

FRANKLINE KINYUA…………………..………DEFENDANT

RULING

1. The parties were to come to court to show cause why the suit should not be dismissed for want of prosecution in terms of order 17 rule 2(1) of the Civil Procedure Rules.

2. Mr.Nyamu Nyaga, the plaintiff’s advocate told the court that the defendant had moved out of the suit land and that, for that reason, he contemplated to withdraw the suit.

3. The defendant was not in court. His advocate was also not in court.

4. I find that no cause has been shown to the satisfaction of the court that this suit should NOT be dismissed.

5. In the circumstances, this suit is dismissed.

6. No costs are awarded.

7. It is so ordered.

Delivered in open court at Chuka this 29th day of November, 2017

in the presence of:

CA: Ndegwa

Nyamu Nyaga for the plaintiff

P. M. NJOROGE

JUDGE